tw1nkle_twinkle

Hi I am a UK citizen and I am engaged to my fiance who is a U.S citizen currently working in the middle east. I just made an unsuccessful application to take my 9 year old daughter (she'll be 10 next July) to the STATES in February next year to live. I intend to reapply sometime in the new year. The problem I am having is ( I receive income support/child benefit/child tax credits, and have my rent paid for me by housing benefit) IF my fiance and I marry sometime in the next year, while it may look better for the UK courts, I am worried that I will loose all that I have in the way of benefits and rent being paid. If I were to go out and get a job I would be worse off than I am now, and I am sure that being classed as a married person, even if my 'husband' was NOT a resident of this country or ever likely to be, he would be expected to 'support me'. This would just not be financially viable as an option, as it would mean that he would then have to do another year in the middle east instead of returning to the States to get a job there...so it's like a catch 22 situation.
Has anyone else been through this, or something similar or can shed any light on what to do for the best?

ian-mstm

The rest aside, this is key! In what way was the application "unsuccessful". What sort of application? Was it denied? Why? Was your USC fiance involved in this application? Why or why not? Please try to be specific. Once we know this, we might be able to help a bit.

Ian

violator_dm

The UK taxpayer must be happy with your position regarding working and paying taxes.

tw1nkle_twinkle

The RELOCATION application was unsuccessful because of many factors. One being that my fiance hadn't provided proof of his savings to prove that he could fund the airfares between here and the States for my daughter to see her Father. We really didn't see that this was any of the courts ...or my ex's business. and because the courts want my fiance to have returned to the States and gotten a job before we go out there...and another factor was my daughter who is 9. My ex had pulled some stunts in the 2 weeks prior to the hearing ....sending e-mails in my daughters name to the court officer saying that she didn't want to go. (No one asked her about these..and they assumed she had sent them) He sent 2 after she told him that she'd seen the court officer (10 days before the hearing), after he had told her 'to get out of his sight' and turned up the car stereo when he took her for his weekend. Next time I plan to have an advocate for my daughter to speak on her behalf, and I will have to make sure that all the things that went wrong before are put right. My fiance wasn't involved in the application as such because we don't live together. He wouldn't consider living here, which is why things are so much harder. If we got married before the next hearing I am worried that he'll be expected to pay all my bills and rent etc etc...even if we don't live together. If I went out to work I'd be no better off either at the end of the day. I would like to have a job but it has to be worthwhile...after rent, bills, food, council tax, clothing....I am trying to be practical here. It doesn't make sense if he has to pay all my costs...and is basically working for nothing. If it weren't for my daughter this would all be so easy, because we could get married and I could leave, but I won't leave without my daughter so it's back to court and round two of the fight.

violator_dm

If you decide to move to the US your husband/fiance will have to sign an affidavit of support. You will not be eligible for any welfare, free housing, food stamps etc. I hope you know that.

Rete

So your problem is not with a visa, as first indicated, but with obtaining permission from the biological father and the court to relocate in the US.

This has nothing whatsoever to do with immigration per se and is an issue that must be resolved between the three of you (court, ex and you) before you can even think about your fiancee applying for a fiancee and/or spousal visa for you.

It would seem that getting married before this is resolved is the backward way to do things. You have no guarantee that the courts will rule in your favor to remove your daughter from the UK.

Having said that, perhaps you might well want to rethink the entire foreign relationship since it is likely that you will not be able to remove your daughter from the UK until reaches the age of consent.

Rete

I have copied this thread to the USA forum since it does not involve US immigration at the moment. You might want to check there for answers to your questions.

Rete

The UK treats its single parent differently than the US. They are very liberal in terms of expenditures to single parents for the well being of children. Since even married working parents with children get a monthly stipend from the UK government to aid in the clothing of children, I doubt that the expenditures are frowned upon by the majority.

SecretGarden

Rete,
My (former) UK husband has never heard of this. I'm suspecting it's income dependent and not just a given.

~SG

violator_dm

There is a reason a lot of Brits are unhappy with their government in this regard.

fatbrit

Rete's possibly talking about this:
http://en.wikipedia.org/wiki/Child_b...United_Kingdom

Although when she uses the word liberal, this generally shows her prejudices have overtaken her knowledge.

SecretGarden

Wow, in 2009 it can even be claimed before the kid is born!

Thanks for the link.
~SG

Ray

Family allowance ..My mum got that when I was kid ...

Noorah101

Maybe a wise thing to do would be to wait until your fiance is back working in the USA again, before trying to do anything regarding immigration. If he's in the Middle East, you wouldn't really be able to go join him there anyway, until you have your green card in-hand (or a travel document, but you would both have to be willing to come back on short notice for your AOS interview). Plus, he needs to file the I-129F petition from the USA, and show residency in the USA. Just seems like the wrong time to pursue it, in my opinion. Wait until he's back in the USA.

Best Wishes,
Rene

ian-mstm

Y'know... in the 6.5 years that I was specifically involved with immigration, and in the 9.5 years that I've been following this forum... I've never once heard of a "relocation application". Is it better known by a different name?

At any rate, you need to separate your myriad issues. They may all seem related because they're all happening to you... but immigration is a separate issue from child benefits, which is a separate issue from your ex, which is a separate issue... well, you get the idea.

Ian